Md. Hashim And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49658 of 2017 Arising Out of PS.Case No. -33 Year- 2017 Thana -KHUDWAN District- AURANGABAD ======================================================
1. Md. Hashim, s/o late Allauddin,
2. Ajay Gupta, s/o late Chandradeo Gupta Both r/v, P.O., P.S.-Khudwan, District-Aurangabad(Bihar). .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Priyadarshi Matri Sharan For the Opposite Party/s : Mr. Sri Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-10-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 379, 411 and 34 of the Indian Penal Code and Section 3, 4 and 5 of Bihar Mineral Act.
Though the F.I.R. is against unknown. Allegation against the petitioners is that their tractors were carrying sand without valid permit.
Submission of the learned counsel for the petitioners is that the petitioners were carrying the sand on valid permit. The petitioners have no criminal antecedent.
Considering the facts aforesaid, let the petitioners, above named, in the event of their arrest or surrender before the
Patna High Court Cr.Misc. No.49658 of 2017 (2) dt.17-10-2017 2/2 court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below, where the case is pending, in connection with Khudwan P.S. Case No. 33/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.
(Birendra Kumar, J.) Rakhi U T